Regulation (EC) No 1073/2009 is one of the most important European Union laws governing international passenger transport by coach and bus. It defines the authorisations a passenger transport company needs to operate international services, the documents that must be carried on board, and the conditions under which passengers may be transported within another EU Member State.
It is important to note that this regulation does not apply to freight transport. Access to the international road haulage market is primarily governed by Regulation (EC) No 1072/2009, while Regulation (EC) No 1073/2009 covers international passenger transport by coach and bus.
Which vehicles and transport operations does it cover?
The regulation applies to vehicles which, by virtue of their construction and equipment, are suitable for carrying more than nine persons, including the driver, and which are used for international passenger transport.
The regulation covers activities including:
- passenger transport between two or more EU Member States;
- transit through an EU Member State;
- the EU sections of services between an EU Member State and a non-EU country;
- regular services;
- special regular services;
- occasional services;
- own-account passenger transport;
- certain domestic passenger transport operations performed within another Member State, known as cabotage.
What types of services are defined by the regulation?
Regular services
A regular service is a passenger transport service operated at specified intervals along a predetermined route, with passengers being picked up and set down at previously determined stops.
An example would be an international coach service operating regularly between Budapest and another European city.
An international regular service normally requires a specific authorisation from the competent authority. The authorisation may specify:
- the route;
- the place of departure and destination;
- the authorised stops;
- the timetable;
- the period of validity of the authorisation.
The transport operator must ensure the continuity, regularity and sufficient capacity of the service. The driver must operate the service in accordance with the conditions stated in the authorisation and timetable.
Special regular services
A special regular service is a regular transport service intended only for a specified group of passengers.
Examples may include:
- transporting employees between their homes and workplace;
- transporting pupils or students between their homes and educational institution;
- regularly transporting people associated with a particular institution or organisation.
Where an appropriate contract exists between the organiser and the transport operator, the separate service authorisation normally required for regular services may not be necessary. However, the contract or a certified copy of it must be available for inspection.
Occasional services
An occasional service may include the transport of a tourist group, sports team, school group, event participants or another pre-arranged group of passengers.
As a general rule, an occasional service does not require the same type of service authorisation as a regular service. However, a properly completed journey form is required.
The journey form must be completed clearly and indelibly before the journey begins. The original must be kept on board the vehicle until the end of the journey, while a copy must remain with the transport undertaking.
The transport operator is responsible for the correct use of the document, but in practice the driver should also verify that the information on the journey form corresponds to the actual service being performed.
Own-account passenger transport
Own-account passenger transport occurs where a company or organisation carries passengers on a non-commercial and non-profit-making basis, and passenger transport is only an ancillary activity connected to its main operations.
An example would be a company transporting its own employees using a coach that it owns or leases on a long-term basis.
International own-account passenger transport is generally not subject to a service authorisation, but instead requires an official certificate issued by the competent authority. This certificate must remain valid throughout the entire journey.
What is a Community licence?
One of the most important requirements for commercial international passenger transport by coach and bus is the Community licence.
The original licence is kept by the transport undertaking. Every coach or bus used for international passenger transport must carry a certified true copy issued by the competent authority.
This is not an ordinary photocopy, but an officially issued and certified document.
The Community licence:
- is issued in the name of the transport operator;
- cannot be transferred to another undertaking;
- is valid for a specified period;
- may be renewed;
- must be presented during a roadside inspection.
Before departure, the driver should check that the vehicle carries a valid certified copy belonging to the correct transport operator.
Which documents require particular attention?
The documents required depend on the type of service. During international passenger transport by coach or bus, the following documents may typically need to be carried on board:
- a certified true copy of the Community licence;
- the service authorisation or an appropriate copy for a regular service;
- a properly completed journey form for an occasional service;
- the contract or a certified copy for a special regular service;
- the required certificate for own-account transport;
- the driver’s mandatory documents;
- the vehicle’s mandatory documents;
- passenger tickets where required.
On regular services, except special regular services, passengers must be issued with either individual or collective tickets. The ticket may provide evidence of the places of departure and destination, its period of validity and the fare paid.
What does cabotage mean in passenger transport?
Cabotage means that a transport operator established in one Member State temporarily performs domestic passenger transport within another Member State.
For example, under certain conditions, a Hungarian transport operator may carry passengers between two locations in Italy.
Cabotage may be permitted in situations including:
- a special regular service covered by a contract;
- an occasional service;
- a domestic section linked to an international regular service, provided that the domestic passenger transport does not become the principal purpose of the service.
When performing cabotage, certain national rules of the host country must also be observed. These may include:
- rules governing passenger transport contracts;
- vehicle weight and dimension requirements;
- requirements concerning the transport of children and school pupils;
- rules relating to the transport of persons with reduced mobility;
- certain taxation and administrative requirements.
For cabotage performed as an occasional service, the journey form must be kept on board. It must contain the required details, such as the places of departure and destination and the date or period of the service.
Can a local excursion be operated abroad?
As part of an international occasional service, a transport operator may perform a local excursion in another Member State under certain conditions.
For example, a Hungarian coach may transport a tourist group from Budapest to Austria and then operate a local excursion with the same group in the Salzburg area.
This is permitted provided that the passengers were previously transported to the destination by the same operator as part of an international service, and the local excursion is performed by the same operator or by a vehicle belonging to the same group of transport operators.
The local excursion must be entered on the journey form before it begins.
What can the authorities inspect?
During a roadside inspection, the authorities may request documents including:
- the certified true copy of the Community licence;
- the service authorisation;
- the journey form;
- the contract or another control document;
- passenger tickets;
- the driver’s and vehicle’s documents;
- records relating to driving times and rest periods.
The required authorisations and control documents must be carried on board and presented at the request of an enforcement officer.
The authorities may inspect not only the driver and the vehicle but, where necessary, the documents and records kept by the transport undertaking.
What are the possible consequences of non-compliance?
Breaching the rules may result in more than an on-the-spot fine. In the event of serious or repeated infringements:
- certified copies of the Community licence may be withdrawn;
- the Community licence may be temporarily suspended or permanently withdrawn;
- the undertaking’s international or cabotage operations may be restricted;
- the infringement may be recorded in the electronic register of road transport undertakings;
- authorities in other Member States may also be informed of the infringement.
A missing or incorrect document may therefore create problems not only for the driver. The infringement may also endanger the operating rights of the entire transport undertaking.
Important: this regulation does not contain the detailed driving-time rules
Regulation (EC) No 1073/2009 primarily governs access to the passenger transport market, authorisations, types of services and control documents.
The detailed rules on daily and weekly driving times, breaks and rest periods are primarily contained in Regulation (EC) No 561/2006.
The rules governing the use of tachographs are primarily set out in Regulation (EU) No 165/2014.
Drivers performing international passenger transport must therefore comply with several different pieces of legislation at the same time.
Practical pre-departure checklist for drivers
Before starting an international coach or bus service, it is advisable to check:
- Is a valid certified copy of the Community licence carried on board?
- Is the required authorisation, journey form, contract or certificate available for the type of service being performed?
- Was the journey form completed clearly and accurately before departure?
- Does the actual route correspond to the information stated in the authorisation or journey form?
- For a local excursion abroad or cabotage operation, have all required details been entered?
- Are all required driver, vehicle and passenger documents available?
- Can the service be completed while complying with the applicable driving-time and rest-period rules?
Summary
Regulation (EC) No 1073/2009 ensures that passenger transport companies within the European Union can perform international coach and bus services under common conditions.
For transport operators, it defines the basic rules concerning authorisations, different types of services, cabotage and official inspections.
For drivers, the most important practical message is that all valid and properly completed documents required for the particular service must be carried on board before departure.
A missing certified copy of the Community licence, an incorrectly completed journey form or a service operated contrary to the authorisation may be treated as more than a simple administrative error. Such infringements may result in fines, restrictions on licences and, in more serious cases, may endanger the transport operator’s right to continue operating.
